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Licensing

Unitalen recognizes that strategic licensing is a key component to any client's successful exploitation and protection of its intellectual property portfolio. The firm is extensively involved in the worldwide licensing of technology and know-how. Firm's lawyers have drafted, negotiated, and reviewed patent, know-how, trademark, and copyright licensing agreements to ensure compliance with the special restrictions applicable in China and else where. The firm has represented clients in negotiations regarding alleged violations of license agreements, in seeking amicable resolutions, or where necessary, in litigation or arbitration.

Such work may range from analyzing patents (and relating technology and know-how) to assess validity, scope of protection and likelihood of infringement, reviewing applicable domestic and international intellectual property, product liability, employment and other laws and regulations that could bear upon the performance of enforcement of a license agreement, negotiating patent and technology license and transfer agreements, licensing well-known trademarks for use in new industries to preparing copyright software licenses concerning the exploitation of new computer software. Since the primary product of many business enterprises in the knowledge in the minds of their key employees, we provide clients with prompt, aggressive and efficient legal action surrounding trade secret, non-disclosure, confidentiality, non-compete, employment and independent contractor agreements and similar restrictive covenants, typically by obtaining preliminary and permanent injunctions. In addition, we have also pursued trademark and patent infringement claims to prevent a former licensee from continuing to utilize intellectual property rights after the termination of the licensing agreements.

In addition to license negotiation and drafting, our attorneys regularly counsel clients on licensing and assertion strategies, and strategic product development and distribution. Unitalen counsels clients on advertising and marketing associated with their products and services. We review marketing materials and packaging for compliance with national laws and regulations, advise and counsel clients regarding advertising claims substantiation, and challenge and defend advertising before administrative agencies. We have rendered comprehensive legal services in connection with merchandising and commercial tie-in arrangements for major entertainment and commercial properties.

We also handle necessary government filings attendant to the transfer of an interest in trademarks and copyrights, including the transfer of title and the perfection of security interests. We have also represented clients in connection with transfers of specific assets; these representations have included some of the largest film libraries and music catalogues in the world.

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